Terms of service

CW Morse, LLC

Effective Date: July 1, 2020

Thank you for choosing a website owned and maintained by CW Morse, LLC. CW Morse maintains this website at cwmorse.us to give you the opportunity to purchase its products and services, as well as to provide relevant information about our company, our products, and many informational materials.

If you continue to browse and use this website, or any other CW Morse websites incorporating this Policy, you are agreeing to comply with and be bound by following terms and conditions of use, which together with our privacy policy govern CW Morse, LLC’s relationship with you in relation to its websites.

IMPORTANT DISCLAIMER REGARDING CW MORSE PRODUCTS

By purchasing products from CW Morse LLC, you represent that you are an appropriately licensed radio operator and are qualified to install the products you purchase, or will have a qualified person install them for you, in compliance with radio licensing obligations and any applicable local, state, or federal regulations. You agree that CW Morse bears no responsibility for injury, damages, or other consequences caused by the improper installation or use of products sold by or purchased from CW Morse or cwmorse.us.

BINDING EFFECT. This is a binding agreement. By using CW Morse’s website (the "Site") or any services provided in connection with the Site (the "Service"), you agree to abide by these Terms of Use, as they may be amended by CW Morse, LLC from time to time in its sole discretion. CW Morse will post a notice any time these Terms of Use have been changed or otherwise updated.

It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT.

REGISTRATION. You are not required to register with any CW Morse Site to view it. However, for security and privacy purposes, you may be asked to register to purchase certain goods and services; and may register to streamline later purchases . When you open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify CW Morse immediately of any unauthorized use of your account, username, or password. CW Morse shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by CW Morse, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.

TYPOGRAPHICAL ERRORS; ACCURACY OF INFORMATION AND IMAGES. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, CW Morse shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. CW Morse, LLC shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your payment service charged. If your payment service has already been charged for the purchase and your order is canceled, CW Morse shall issue a credit to your payment service in the amount of the charge.

Please note that the colors of items and products may depend on your monitor and may not be correctly displayed.

The availability of products and other items on the Site may change at any time, without notice. All items and information made available on or through this web site are provided on an "as is" and "as available" basis, without warranties of any kind, unless expressly stated.

USER CONTENT. Some areas on CW Morse Site allow you to post content. You grant CW Morse a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the Site or Service, you are granting CW Morse, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of CW Morse, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that CW Morse may publish or otherwise disclose your username in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID or profile. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

COPYRIGHT INFRINGEMENT / DMCA. CW Morse has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. CW Morse has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. CW Morse's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company's designated agent at:

CW Morse, LLC

835 County Road 4076

Bon Wier, TX 75928

cwmorse.us@gmail.com

NO WARRANTIES. CW MORSE, LLC HEREBY DISCLAIMS ALL WARRANTIES. CW MORSE IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CW MORSE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CW MORSE, LLC DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITED LIABILITY. CW MORSE, LLC's LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CW MORSE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEE-ABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY CW MORSE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

USE OF SITE. CW Morse, LLC encourages you to exercise discretion browsing the internet. Use our Site at your own risk. Our websites, products or services may direct you to sites containing information that some people may find offensive or inappropriate. CW Morse, LLC and its affiliates make no representation or warranty about the legality of any third party website. Any such web site is independent from CW Morse, LLC, and CW Morse has no control over, or responsibility with respect to, the information provided or activities undertaken by any such website. A link between CW Morse, LLC and another website further does not mean that CW Morse, LLC endorses that website. Following links to off-site pages is done at your own risk, requiring you to make your own independent decisions regarding your interactions or communications with any other website. CW Morse, LLC disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party. Access to this website from locations where its use or content is illegal is prohibited. Visitors to this web site are responsible for their own compliance with local laws regarding website use and access.

PROHIBITED USES. CW Morse, LLC imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of DDoS attacks or introducing malware into the site; (d) using the Site or Service to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, de-compile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

INDEMNITY. You agree to indemnify CW Morse for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless CW Morse, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. CW Morse will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

No material can be downloaded, except for your own personal use provided you have retained any relevant copyright and other proprietary notices which may be contained on the images. You may not reuse, distribute, modify, repost any content of this site for public or commercial uses such as logos, text, images, without the express written permission of CW Morse, LLC.

“CW Morse, LLC,” as well as all marks, logos and similar images and text found on any of the Site controlled or operated by CW Morse, LLC, are trademarks of CW Morse, LLC

NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by CW Morse or by any third party.

GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Texas, Newton County, without reference to their rules regarding conflicts of law in all disputes arising out of or related to the use of the Site or Service.

SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

MODIFICATIONS. CW Morse , LLC may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. CW Morse, LLC, may send parties with registration access an email notifying them of any changes to this Policy, or otherwise advise such users. Any such change, update, or modification will be effective immediately upon posting on the Site for new users, and upon notice to existing users with registration access. If you do not expressly assent to updates to this Policy, you will remain bound by the Policy in place as of the date you first assented to the Policy. It is your responsibility to review this Policy from time to time to ensure that you continue to agree with all of its terms.

ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.